Court : Allahabad
Decided on : Aug-30-1940
Reported in : AIR1941All1
Bajpai, J.1. This is an appeal by the defendant Dharam Narain. The plaintiff Suraj Narain brought a suit for 'possession of the entire wakf property, moveable and immovable, and all the funds of the wakf created under a document dated 14th May 1900 executed by Mt. Bibi Sabitri and of the office of mutwalli and amin of the aforesaid wakf by dispossession of the defendant.' It was also prayed that the defendant may be ordered to render all accounts of the funds and income of the property appertaining to the wakf from 1926 upto the institution of the suit and that a decree for the amount found payable by the defendant for the period of his possession with reasonable interest may be passed in favour of the plaintiff against the person and property of the defendant. The Court below decreed the plaintiff's suit 'for possession over the office of trustee and over the property, moveable and immovable, belonging to the trust.' A preliminary decree for account was also passed in favour of the pl...
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